Davenport City Zoning Code
CHAPTER 17
08 USES
17.08.010 General use regulations.
A.
No structure or land may be used or occupied unless allowed as a permitted or special use within the zoning district.
B.
All uses must comply with any applicable federal and state requirements, and any additional federal, state, or City ordinances.
C.
Any use that is not included in the use matrix and cannot be interpreted as part of a use within the matrix is prohibited in all districts.
D.
A site may contain more than one principal use, so long as each principal use is allowed in the district. Each principal use is approved separately. In certain cases, uses are defined to include ancillary uses that provide necessary support and/or are functionally integrated into the principal use.
17.08.020 Use matrix.
[Amended 3-13-2024 by Ord. No. 2024-119; 1-11-2023 by Ord. No. 2023-05; 11-23-2021 by Ord. No. 2021-445; 6-9-2021 by Ord. No. 2021-218; 9-11-2019 by Ord. No. 2019-363]
Editor's Note: Table 17.08-1, Use Matrix Table may be found here , and is also included as an attachment to this chapter.
A.
Table 17.08-1: Use Matrix identifies the principal and temporary uses allowed within each zoning district. Cells are color-coded for ease of review only; the letter indicated in the cell controls over any errors in color-coding.
B.
Uses allowed in the R-3 and R-3C Districts are those listed in Table 17.08-1 for the R-3 District. Uses allowed in the R-4 and R-4C Districts are those listed in Table 17.08-1 for the R-4 District.
C.
P indicates that the use is permitted by-right in the district. S indicates that the use is a special use in the district and requires special use approval. If a cell is blank, the use is not allowed in the district.
D.
In the case of temporary uses, a T indicates the temporary use is allowed in the district and may require approval of a temporary use permit per the standards of Section 17.08.040.
E.
For accessory uses, see Chapter 17.09.
17.08.030 Principal use standards.
[Amended 12-11-2024 by Ord. No. 2024-522; 7-24-2024 by Ord. No. 2024-329; 6-12-2024 by Ord. No. 2024-233; 11-23-2021 by Ord. No. 2021-445; 6-9-2021 by Ord. No. 2021-218; 6-10-2020 by Ord. No. 2020-233; 9-11-2019 by Ord. No. 2019-363; Ord. No. 2019-195 § 3]
Where applicable, principal uses are required to comply with all use standards of this section, whether a permitted or special use, in addition to all other regulations of this ordinance.
A.
Adult Use.
2.
An adult use must be a minimum of 500 feet from any other adult use.
3.
The adult use owner must provide the Zoning Administrator with a survey acceptable and satisfactory to the City that demonstrates the establishment meets the separation requirements of this section.
4.
Any adult use as of the effective date of this ordinance that does not meet these spacing requirements are deemed conforming. Such deemed conforming status is terminated when the adult use ceases to operate or when any required licenses are revoked or are not renewed. An adult use is not considered to cease operations when it is closed for renovations in conjunction with a lawfully issued building permit.
5.
Signs for adult uses must meet the following:
6.
No adult use may be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing or relating to specified sexual activities or specified anatomical areas, from any public rights-of-way or private property other than the lot on which the licensed adult use is located.
7.
Words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner are prohibited that depict, describe, or relate to specified sexual activities or specified anatomical areas. This applies to any advertisement, display, promotional material, decoration, sign, performance, show, and to any window, door or other opening to the adult use.
8.
No portion of the exterior of an adult establishment may utilize or contain any flashing lights, search lights, spotlights, or other similar lighting systems.
B.
Animal Care Facility - Small Animal, and Animal Breeder. These standards do not apply to any animal shelters operated by a City agency.
1.
Animal care facilities must locate exterior exercise areas in the rear yard only. Exterior exercise areas must provide covered areas over a minimum of 30% of the exterior area to provide shelter against sun/ heat and weather. A fence a minimum of six feet and a maximum of eight feet in height is required for all exterior exercise areas.
[Amended 11-23-2021 by Ord. No. 2021-445]
2.
Animal care facilities must locate all overnight boarding facilities indoors. Outdoor boarding facilities for animal breeders are permitted but must be designed to provide shelter against sun/heat and weather.
3.
All animal quarters and exterior exercise areas must be kept in a clean, dry, and sanitary condition.
C.
D.
Bed-and-Breakfast.
1.
The exterior of a bed-and-breakfast must maintain its original appearance as a single-family dwelling. No parking may be located in front of the front building facade.
2.
Cooking equipment is prohibited in individual guest rooms. However, a mini-refrigerator and/or a microwave is allowed.
3.
No retail sales are permitted with the exception of ancillary retail of related items such as souvenirs, postcards, and snack items.
4.
No bed-and-breakfast may operate a restaurant. Meals may only be served to registered guests and at private events.
5.
One sign, either freestanding, window, or wall, is permitted. Such sign may not exceed six square feet in sign area. Freestanding signs are limited to six feet in height and must be a minimum of five feet from any lot line.
E.
Billboard.
1.
General regulations for billboards:
a.
Billboard structures are prohibited if visible from an interstate highway.
b.
Billboard structures are prohibited on properties listed on the Davenport Register of Historic Places.
c.
Billboards are prohibited within required landscaping areas, as outlined in Section 17.11.
d.
The maximum height of a billboard is 45 feet.
e.
Billboards shall be setback a minimum of 25 feet from lot lines.
f.
Billboard distance separation shall be measured from the closest points of each billboard structure. This is measured in a straight line along either side of the right-of-way of the street.
2.
The following additional standards apply to static billboards:
a.
All static billboards must be separated by a minimum distance of 1,500 feet.
b.
The maximum sign area of a static billboard is 672 square feet plus an extension area from the single continuous perimeter not to exceed 153 square feet.
c.
Billboards with a sign area of up to 300 square feet must be a minimum of 100 feet from any residential district. Billboards with a sign area of over 300 square feet must be a minimum of 150 feet from any residential district. This is measured in a straight line along either side of the right-of-way of the street.
d.
Up to four static billboard sign faces are allowed on one billboard structure. A "V" arrangement is permissible, however, no more than two static billboard sign faces can be visible from any one street direction.
e.
Any billboard illumination shall be designed, located, shielded, and directed to prevent the casting of glare or direct light upon roadways and surrounding properties, and prevent the distraction of motor vehicle operators or pedestrians in the public right-of-way.
3.
The following additional standards apply to electronic billboards:
a.
Electronic billboards are prohibited in the C-2 Corridor Commercial District.
b.
All electronic billboards must be separated by a minimum distance of 3,000 feet.
c.
The maximum sign area of an electronic billboard is 400 square feet.
d.
Electronic billboards shall be a minimum of 600 feet from any residential district. This is measured in a straight line along either side of the right-of-way of the street.
e.
Up to two electronic billboard sign faces are allowed on one billboard structure. A "V" arrangement is permissible, however, no more than one electronic billboard sign face can be visible from any one street direction.
f.
Electronic billboards cannot change more than once every eight seconds. Static images with no animation are required and the transition from one image to the next must occur in one second or less.
g.
An electronic display must contain a default mechanism to show a "full black" image or turn the sign off in case of malfunction, or must be manually turned off within 12 hours of a reported malfunction.
h.
The maximum brightness is limited to 5,000 nits when measured from the billboard's face at its maximum brightness, during daylight hours, and 200 nits when measured from the billboard's face at its maximum brightness between dusk and dawn, i.e., the time of day between sunset and sunrise. The billboard must have an ambient light meter and automatic or manual dimmer control that produces a distinct illumination change from a higher allowed illumination level to a lower allowed level for the time period between one-half hour before sunset and one-half hour after sunrise. All existing billboards shall meet the maximum brightness provision within twelve months of the adoption of the ordinance.[1]
[1]
Editor's Note: Adopted 6-12-2024 by Ord. No. 2024-233.
F.
Campground and/or Recreational Vehicle (RV) Park.
1.
The minimum area for a campground and/or an RV park is three acres.
2.
Campgrounds and/or RV parks must comply with all applicable State and City regulations, including those governing the installation, construction, and/or operation of swimming pools, water supply, sewage disposal, food storage and services, plumbing, structures, electrical wiring, and fire prevention.
3.
Management headquarters, recreational facilities, coin operated laundry facilities, cabins for counselors, overnight accommodations, living space, and other uses and structures customarily associated with the operation of a campground and/or RV park are permitted.
4.
Storage of equipment must be within enclosed structures.
5.
Year-round residency is prohibited at any campground or RV park. Use of camping units or a recreational vehicles as a principal residence is prohibited. This excludes any structures erected for a caretaker or campground ranger, which may be a year-round residency.
6.
A twenty-five foot perimeter setback from the lot line of the campground and/or RV park is required. No structures, campsites, or RV pads are allowed within this setback. The perimeter setback must be landscaped with shrubs planted with shrubs spaced sufficiently to form a continuous linear hedgerow at plant maturity, and one shade or evergreen tree planted at an average of one tree for every 50 linear feet. Preservation of existing vegetation is encouraged and may be substituted for the required plantings.
G.
Car Wash. When a car wash is adjacent to the lot line of a residential district, it must be screened along the interior side and/or rear lot lines adjacent to the residential lot as follows:
[Amended 11-23-2021 by Ord. No. 2021-445]
1.
With a solid fence or wall, a minimum of six feet and a maximum of seven feet in height along the rear lot line.
2.
With a solid fence or wall, a minimum of six feet and a maximum of seven feet in height along the interior side lot line up to the residential lot's front yard line. At the front yard line the fence must be four feet if a solid fence and six feet if an open fence.
3.
Vacuum stations shall not be located between the carwash structure and a lot line of an abutting residential district.
4.
Carwashes must be located and designed to ensure that they do not adversely affect traffic circulation on adjoining streets. Carwashes on corner lots must not route exiting traffic into adjacent residential neighborhoods.
H.
Children's Home and Domestic Violence Shelter.
I.
Community Garden.
1.
Community gardens are limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity. It may also include community-gathering spaces for active or passive recreation but playground equipment is prohibited.
2.
Greenhouses, including high tunnels/hoop-houses, cold-frames, and similar structures, are permitted to extend the growing season. Accessory structures, including but not limited to, sheds, gazebos, and pergolas, are also permitted. All accessory structures must be located a minimum of four feet from any lot line.
3.
The keeping of livestock is prohibited. The keeping of chickens, fish, and/or bees is prohibited.
4.
On-site composting is permitted.
5.
Farmstands are permitted and are limited to sales of items grown at the site. Farmstands must be removed from the premises during that time of the year when the use is not open to the public. Only one farmstand is permitted per lot.
J.
Day-Care Center and Day-Care Home.
[Amended 6-10-2020 by Ord. No. 2020-233]
1.
Each day care must have a state license and/or registration.
2.
The exterior of a day-care home must maintain its original appearance as a single-family dwelling. No visitor/client parking may be located in the front yard.
3.
No signs are permitted for day-care homes.
4.
A day-care center must provide a pickup/dropoff area. When a day-care center is part of a multitenant commercial center, the pickup/dropoff area must not interfere with vehicle circulation in the parking lot, including blocking of the drive aisle.
5.
Day-care homes are limited to a maximum of six children or adults in care at any one time.
6.
Day-care homes are not permitted to have outside employees.
K.
Drive-Through Facility.
1.
All drive-through facilities must provide a minimum of four stacking spaces per lane or bay, unless additional stacking spaces are specifically required by this ordinance. Stacking spaces provided for drive-through uses must be:
a.
A minimum of nine feet in width, as measured from the outermost point of any service window or bay entrance, to the edge of the driveway, and 18 feet in length. In the case of a recessed service window, the measurement is taken from the building wall.
b.
Stacking spaces must begin behind the vehicle parked at a final point of service existing the drive through aisle, such as a service window or car wash bay (this does not include a menu board). Spaces must be placed in a single line behind each lane or bay.
2.
All drive-through lanes must be located and designed to ensure that they do not adversely affect traffic circulation on adjoining streets. Drive-through lanes on corner lots must not route exiting traffic into adjacent residential neighborhoods.
3.
When a drive-through facility is adjacent to the lot line of a residential district, it must be screened along the interior side and/or rear lot lines adjacent to the residential lot as follows:
a.
With a solid fence or wall, a minimum of six feet and a maximum of seven feet in height along the rear lot line.
b.
With a solid fence or wall, a minimum of six feet and a maximum of seven feet in height along the interior side lot line up to the residential lot's front yard line. At the front yard line the fence must be four feet if a solid fence and six feet if an open fence.
c.
Shrubs must be planted and space sufficiently to form a continuous linear hedgerow at plant maturity; plantings must be placed inside the face of the fence toward the interior of the lot.
4.
A drive through lane must have bail out capability for all vehicles that enter the drive through lane. The bail out lane must be a minimum width of 10 feet in width and run parallel to the drive through lane. If a bail out lane is also an interior access drive providing access to parking spaces, the bail out lane is limited to a one-way traffic pattern following the direction of the drive through lane.
L.
Drug Treatment Clinic, Drug/Alcohol Treatment Facility - Residential, Halfway House, Homeless Shelter.
1.
A drug treatment clinic, drug/alcohol treatment facility, residential, halfway house, and/or homeless shelter require a state license.
2.
A drug treatment clinic, drug/alcohol treatment facility, residential, halfway house, and/or homeless shelter require a health services and congregate living permit in accordance with Section 17.14.140.
3.
For residential facilities, outdoor facilities are limited to the hours between 8:00 a.m. to 8:00 p.m.
4.
An enclosed or screened waiting area for intake and/or appointments is required. No queuing may occur on any public right-of-way or any parking lot.
5.
Security lighting is required for drug treatment clinics, and halfway houses. The lighting must be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the surrounding area.
6.
There must be a 1,000-foot separation between the same uses (for example, between two homeless shelters).
7.
Such uses must be 300 feet from any residential district.
M.
Dwelling - Accessory Dwelling Unit.
[Amended 6-10-2020 by Ord. No. 2020-233]
1.
One of the dwelling units must be occupied by the owner of the property.
2.
No more than one accessory dwelling unit is allowed per lot. Accessory dwelling units must be located within a detached structure. When permitted, the accessory dwelling unit does not count toward the maximum number of dwelling units on a lot, including when the accessory dwelling unit is located in a detached structure.
3.
Detached accessory dwelling units may only be located in the rear yard. Detached accessory dwelling units must meet the setback and yard requirements for detached garages in Section 17.09.030.
4.
Both the principal dwelling unit and the accessory dwelling unit must maintain separate meter connections.
5.
A detached accessory dwelling unit is subject to the height permitted for a detached garage.
6.
No accessory dwelling unit may exceed 1,000 square feet in gross floor area.
7.
When a detached garage is converted to an accessory dwelling unit, the ground floor may be used for the accessory dwelling unit so long as the minimum number of required off-street parking spaces are maintained on site.
8.
No additional parking is required for an accessory dwelling unit unless required by other City ordinances. Required parking for the principal structure must be maintained.
N.
Dwelling - Manufactured Home. Manufactured homes must meet the following design standards when not located within a manufactured home park:
[Amended 12-11-2024 by Ord. No. 2024-522]
1.
The front entry must be a dominant feature on the front elevation of a manufactured home, using features such as porches, raised steps and stoops with roof overhangs, or decorative railings.
2.
Windows, entrances, bay windows, or other architectural features are required on any street-facing walls.
O.
Dwelling - Multifamily. In the case of conflict with any design standards contained within Chapter 17.04, the standards of Chapter 17.04 control.
[Amended 12-11-2024 by Ord. No. 2024-522; 11-23-2021 by Ord. No. 2021-445; 9-11-2019 by Ord. No. 2019-363
1.
There must be a unifying architectural theme for the entire multi-family development, utilizing a common vocabulary of architectural forms or elements.
2.
Building facades must include windows, projected or recessed entrances, overhangs, and other architectural features. Three-dimensional elements, such as balconies and bay windows, are encouraged to provide dimensional elements on a facade.
3.
A 12% minimum transparency requirement applies to any facade facing a street and is calculated on the basis of the entire area of the facade below the roofline.
4.
For residential structures with more than twelve (12) dwelling units, the following building materials are prohibited on any facade. However, such materials may be used as decorative or detail elements for up to 25% of the facade, or as part of the exterior construction that is not used as a surface finish material.
5.
Setbacks for accessory structures like garages, carports and sheds shall meet required accessory structure setbacks; ancillary buildings such as offices or community rooms shall meet principal use setbacks.
P.
Dwelling - Single-Family, Single-Family Semidetached, Two-Family, and Townhouse. In the case of conflict with any design standards contained within Chapter 17.04, the standards of Chapter 17.04 control.
[Amended 12-11-2024 by Ord. No. 2024-522; 9-11-2019 by Ord. No. 2019-363; Ord. No. 2019-195]
1.
A front entry must be an integral part of the structure, using features such as porches, raised steps and stoops with roof overhangs, or decorative railings to articulate the front facade.
2.
A 5% minimum transparency requirement applies to the front facade and is calculated on the basis of the area of the facade below the roofline.
3.
A dwelling with a front facing attached three-car garage shall have one of the garages offset one foot from the other garages.
4.
There must be a minimum separation of 10 feet between sidewalls of townhouse buildings. Where the front or rear wall of a townhouse faces the front or rear wall of another townhouse, the minimum required separation between such buildings must be 30 feet. Driveways and parking areas may be located within this minimum separation area.
5.
When a single-family and/or two-family development is designed as a house court, the following standards apply. A house court is a group of single-family and/or two-family dwellings arranged around a common courtyard or open space. Front facades of dwellings and primary pedestrian entrances are oriented to and accessed from the common area.
a.
The minimum total site area required for a house court is 15,000 square feet or the cumulative area required for each dwelling type in the house court, whichever is greater.
b.
The zoning district standards apply to each individual site within the house court.
c.
For any unit of a house court abutting a public or private street, the entrance of the units must face the street.
d.
Courtyards must meet the following standards:
i.
The minimum courtyard area is 3,000 square feet or 500 square feet per dwelling unit, whichever is greater.
ii.
A courtyard must have a minimum width of 50 feet.
iii.
All courtyard space must be contiguous and centrally located.
iv.
Porches, steps and stoops, and balconies may encroach up to eight feet into a courtyard.
e.
Where a dwelling fronts on the courtyard, it is considered to meet the requirement for frontage on a public or private street.
SINGLE-FAMILY DWELLING: HOUSE COURT  |
Q.
Equine, Keeping of/Equestrian Facility.
[Added 9-11-2019 by Ord. No. 2019-363; amended 6-10-2020 by Ord. No. 2020-233]
1.
A minimum of two acres is required to keep one equine. For each additional acre in excess of two acres, one additional equine may be housed and maintained.
2.
A fence must be installed around the entire grazing area. The fence must be a minimum of 150 feet from the front lot line. The fence must be a minimum of 150 feet from an existing dwelling located on an adjacent lot.
3.
A stable or shelter must be provided for the stabling of each equine. The stable or shelter must be a minimum of 100 feet from any side or rear lot line and a minimum of 150 feet from any front lot line.
4.
The keeping of equines for personal use is only permitted in the R-1 and AG Districts. No retail or wholesale use of these animals in the R-1 District. An "equestrian facility," which is defined as any place where equines are kept, housed, boarded, lodged, fed, hired, trained, sold, rented, or bred for monetary compensation, is only permitted in the AG District.
5.
A legal and occupied dwelling must exist on the same lot as kept equine and associated facilities in the R-1 District.
R.
Financial Services, Alternative (AFS).
[Amended 9-11-2019 by Ord. No. 2019-363]
1.
Alternative financial services (AFS) must be located no closer than 1,000 feet from any other AFS.
2.
Any existing alternative financial service establishment as of the effective date of this Code that do not meet the spacing requirement is deemed conforming; this applies only to AFS that are allowed as a permitted or special use within the district. If an alternative financial service is no longer allowed within a district as of the effective date of this Code, it is a nonconforming use.
S.
Gas Station.
[Amended 9-11-2019 by Ord. No. 2019-363]
1.
All structures and all pump islands, compressed-air connections, and similar equipment must be set back a minimum of 15 feet from interior side and rear lot lines. Structures are exempt from any build-to lines required by the district.
2.
The minimum distance a freestanding canopy for gas pumps must be from any street lot line is 10 feet, and 15 feet from any interior lot line.
3.
The ancillary uses of a retail goods establishment and two car wash bays are permitted in connection with the principal gas station use.
4.
When a gas station abuts the lot line of a residential district, it must be screened along the interior side and/or rear lot lines that abut the residential lot as follows:
a.
With a solid fence or wall, a minimum of six feet and a maximum of seven feet in height along the rear lot line.
b.
With a solid fence or wall, a minimum of six feet and a maximum of seven feet in height along the interior side lot line up to the residential lot's front yard line. At the front yard line, the fence must be four feet if a solid fence and six feet if an open fence.
U.
Lodge/Meeting Hall.
[Amended 9-11-2019 by Ord. No. 2019-363]
1.
No more than 30% of the gross floor area may be used as office space for the lodge/meeting hall.
2.
Lodges/meeting halls are permitted to serve meals and alcohol on the premises for members and their guests only.
3.
Sleeping facilities are prohibited.
4.
Lodges/meeting halls leased or used as reception facilities must comply with the requirements for reception facilities.
V.
Neighborhood Commercial Establishment.
[Amended 7-24-2024 by Ord. No. 2024-329; 9-11-2019 by Ord. No. 2019-363]
1.
Neighborhood commercial establishments are only allowed within existing structures that are nonresidential in their construction and/or use as of the effective date of this ordinance.
2.
3.
No off-street parking is required. However, any off-street parking currently provided must be maintained.
4.
Drive-through facilities are prohibited.
5.
Outside storage or display is prohibited. All business, servicing, processing, and storage uses must be located within the structure.
6.
Signs are limited to those allowed in the C-T District.
W.
Outdoor Dining.
[Amended 9-11-2019 by Ord. No. 2019-363]
1.
Outdoor dining is considered a separate principal use. Outdoor dining may only be established when allowed as a use within a zoning district and in conjunction with another principal use such as a bar or restaurant.
2.
Outdoor dining must not interfere with any pedestrian access or parking spaces and aisles.
3.
Outdoor dining areas must be located on private property Outdoor dining on public property is not controlled by this ordinance.
4.
When a structure is required to be constructed at a build-to line, the structure may have up to 50% or 60 linear feet of the applicable facade, whichever is less, designated as outdoor dining which may be set back up to 30 feet from the required build-to line.
X.
Reception Facility.
[Amended 9-11-2019 by Ord. No. 2019-363]
1.
A general admission fee or any other monetary donations (payment at the door to the general public) for entrance are prohibited, with the exception of fundraisers or events for bona fide nonprofit organizations, places of worship, or educational facilities.
2.
When allowed in the residential districts and AG District, a minimum lot size of two acres is required. Fifty-foot minimum setbacks are required along all lot lines.
Z.
Retail Sales of Fireworks.
[Amended 9-11-2019 by Ord. No. 2019-363]
1.
All fireworks sales are subject to the regulations on sale and storage by the Iowa Department of Transportation Hazard Classes 1.3g and 1.4g fireworks, excluding any novelty or sparklers as defined by the American Pyrotechnics Association.
2.
All retail sales of fireworks establishments must be a minimum of 500 feet from any residential district.
AA.
Self-Storage Facility: Indoor and Outdoor.
[Amended 9-11-2019 by Ord. No. 2019-363]
1.
Storage units cannot be used for residential occupancy or business.
2.
No plumbing connections are permitted in self-storage units.
3.
Storing hazardous or toxic materials is prohibited.
4.
For self-storage facilities that include both indoor and outdoor facilities, both types of uses must be allowed in the district.
5.
In the C-3 District, self-storage facilities are only subject to the district design standards when located within 100 feet of a public right-of-way, excluding alleys.
6.
The following additional standards apply to indoor self-storage facilities:
a.
All self-storage activities must be contained within a single building and conducted exclusivefy indoors. Individual storage units may be accessed from inside the building only.
b.
All facilities must meet the design standards of the district.
c.
No storage units located on the first floor may be located within the first 25 feet of the front facade. No storage units located on the first floor may be visible from any public right-of-way.
d.
Access to loading areas must be located to the interior or rear of the building.
7.
The following additional permissions apply to outdoor self-storage facilities:
a.
Outdoor self-storage facilities should be oriented so that storage unit access doors do not face the public right-of-way.
b.
Outdoor self-storage facilities are allowed to include an area for storage of recreational vehicles. Storage areas for recreational vehicles must be located in the rear yard.
c.
No storage of recreational vehicles is allowed within 25 feet of any rear lot line. No storage of recreational vehicles is allowed within 30 feet of any interior side lot line. No storage of recreational vehicles is allowed within 50 feet of any front or corner side lot line.
d.
If storage areas for recreational vehicles are provided, they must be screened along interior side and rear lot lines with a solid fence or wall, a minimum of six feet and a maximum of seven feet in height. Shrubs must be planted and spaced sufficiently to form a continuous linear hedgerow at plant maturity; plantings must be placed inside the face of the fence toward the interior of the lot.
BB.
Solar Farm.
[Amended 9-11-2019 by Ord. No. 2019-363]
1.
Systems, equipment, and structures are limited to the maximum height of the district.
2.
All solar farm structures must meet the district setbacks.
3.
No grid-tied photovoltaic system may be installed until evidence has been provided that the owner has been approved by the utility company to install the system.
4.
The facility owner and operator must, at their sole expense, complete decommissioning of the solar farm within one year after the end of the useful life of the solar farm. The solar farm is deemed to be at the end of its useful life if it is abandoned for a period for 180 days or more. Decommissioning includes removal of all solar equipment. Decommissioning includes removal of solar arrays, structures, private roads or driveways, and foundations, and any other element constructed by facility owner or operator for the purpose of maintaining or operating the solar farm.
CC.
Storage Yard - Outdoor.
[Amended 9-11-2019 by Ord. No. 2019-363]
1.
The storage area must be completely enclosed along all lot lines by a solid fence or wall a minimum of six feet and a maximum of eight feet in height, including ingress and egress.
a.
Fences or walls along the front or corner side lot line must be set back a minimum of 10 feet from the lot line. Within that setback, shrubs must be planted and spaced sufficiently to form a continuous linear hedgerow at plant maturity, and one evergreen tree every 50 feet planted linearly. Plantings must be placed outside the face of the fence facing the right-of-way.
b.
Fences or walls along the rear or interior side lot line require the planting of shrubs spaced sufficiently to form a continuous linear hedgerow at plant maturity; plantings must be placed inside the face of the fence toward the interior of the lot.
2.
Storage of any kind is prohibited outside the fence or wall.
3.
No items stored within 25 feet of the fence may exceed the height of the fence or wall for an outdoor storage yard.
DD.
Vehicle Repair/Service - Major or Minor.
[Amended 9-11-2019 by Ord. No. 2019-363]
1.
Vehicle repair/service establishments may not store the same vehicles outdoors on the site for longer than 15 days once repair is complete. Only vehicles that have been or are being serviced may be stored outdoors.
2.
Repair of vehicles is prohibited in the front or side yards. Storage of all merchandise, auto parts, and supplies must be within an enclosed structure.
3.
Vehicle repair/service establishments that abut a residential district must be screened along interior side and rear lot lines with a solid wall or fence, a minimum of six feet and a maximum of seven feet in height.
4.
Outdoor repairs are only allowed in the rear yard and must be screened by a solid fence or masonry wall no less than six feet and no more than eight feet in height.
5.
No partially dismantled, wrecked, junked, or discarded vehicles may be stored outdoors on the premises. This standard does not apply to vehicles under repair.
6.
The sale of new or used vehicles is prohibited.
7.
No motor vehicles may be stored and no repair work may be conducted in the public right-of-way.
EE.
Wind Energy System.
[Amended 9-11-2019 by Ord. No. 2019-363]
1.
The design of the wind energy system must conform to applicable industry standards as such standards exist as of the date construction is commenced. The facility owner or operator must submit certificates of design compliance obtained by the equipment manufacturers from Underwriters' Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or similar certifying organizations.
2.
All wind turbines must be newly manufactured as of the date of installation. Experimental/prototype wind turbines may be approved as a special use.
3.
All wind energy systems must be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes must be operated in a fail-safe mode. Stall regulation is not considered a sufficient braking system for overspeed protection.
4.
All electrical components of the wind energy system must conform to applicable local, state, and national codes and applicable international standards.
5.
An engineer's certificate must be completed by a structural engineer, licensed in the State of Iowa, certifying that the tower and foundation of the wind turbines are compatible with, and are appropriate for the particular model of wind turbine used and that the specific soils at the site can support the wind turbine.
6.
Wind turbines must comply with the following design standards:
a.
Wind turbines must be a nonobtrusive and nonreflective color. The facility owner or operator must maintain the paint on wind turbines at all times in good repair.
b.
Wind turbines must not display advertising, except for reasonable identification of the turbine manufacturer or the facility owner and operator.
c.
Within the wind energy system, wind turbines must be of a generally consistent size, design, and color, of similar height and rotor diameter, and rotate in the same direction.
d.
Wind turbines must not be artificially lit, except to the extent required by the Federal Aviation Administration or other applicable regulatory authorities.
e.
On-site transmission and power lines between wind turbines must, to the maximum extent practicable, be placed underground, reach the property line, and be located and constructed in such a way as to minimize disruption to the property's primary purpose as well as to facilitate the interconnection of other commercial wind power generating facilities.
f.
Nonessential appurtenances are prohibited to be affixed to any wind turbine, including, but not limited to, cellular or radio antennas.
g.
A clearly visible warning sign advising persons of the presence of high voltage levels must be placed at the base of all pad-mounted transformers and substations.
7.
The applicant must commission and submit, at the time of permit application, a wildlife assessment (impact study), conducted by a qualified wildlife expert, indicating possible risks to local wildlife, habitat, and migratory birds. Additionally, the applicant's wildlife expert must also develop a mitigation plan, if applicable, that addresses/mitigates any risk to wildlife, migratory birds, and affiliated habitat. All wind turbines at time of application must be located out of bird and bat migration pathways/corridors where wind turbine construction would pose a substantial risk.
8.
Wind turbines must not be climbable up to a height of at least 15 feet above ground surface. All access doors to wind turbines and electrical equipment must be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
9.
Wind turbines must be set back from any existing principal building on the lot and adjacent lots, measured at the nearest external wall or walls, and within the buildable area of any adjacent undeveloped lot, no less than the turbine height. The setback distance is measured from the nearest point on the outside edge of a tower to the nearest point on the foundation of the building.
10.
All wind turbines must be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning district or 110% of the turbine height, whichever is greater. The setback distance is measured from the property line to the nearest point on the outside edge of a tower. Operation and maintenance building(s) and substations must be located in accordance with zoning district yard requirements. All wind farm structures, except for wind turbines, must comply with the regulations of the zoning district.
11.
All wind turbines must be set back from the nearest public right-of-way a distance of 110% of the turbine height, as measured from the right-of-way line to the nearest point on the outside edge of a tower.
12.
The facility owner or operator must comply with all applicable codes regulating sound generation. A predictive sound study of turbine noise must accompany the application to verify that all code requirements can be met for dBA sound levels. In the event that any sound levels from a wind turbine are found to be in excess of permissible levels per the Municipal Code, the facility owner or operator must take necessary measures to bring sound levels down to a level acceptable.
13.
A shadow flicker study is required and must be submitted with the application. A wind turbine's shadow flicker must not fall on any existing structure, measured at the nearest external wall or waits, or within the buildable area of an adjacent vacant lot, as defined by current setback requirements.
14.
The facility owner and operator must, at their sole expense, complete decommissioning of the wind energy system, or individual wind turbines, within one year after the end of the useful life of the wind energy system or individual wind turbines. The wind energy system or turbine must be deemed to be at the end of its useful life if it is abandoned for a period of time in excess of 180 days. Decommissioning includes removal of wind turbines, structures, roads and foundations to a depth of 48 inches, and any other element constructed by the facility owner or operator for the purpose of maintaining or operating the wind energy system.
FF.
Wireless Telecommunications.
[Amended 6-10-2020 by Ord. No. 2020-233; 9-11-2019 by Ord. No. 2019-363]
1.
Application requirements. All applications to erect, construct, or modify any part of a wireless telecommunications system require site plan review and must include the following items:
a.
A site plan showing:
i.
The location, size, screening, and design of all structures, including fences.
ii.
The location and size of all outdoor equipment.
iii.
Elevations showing antenna height.
iv.
If the site plan is for a new wireless telecommunications facility, a landscape plan showing all screening.
v.
If the site plan is for a new wireless telecommunications tower, show a buffer as a radius from the center point of the tower equal distance to the height of the tower.
b.
A maintenance plan and any applicable maintenance agreement designed to ensure long-term, continuous maintenance, such as maintenance of landscape, keeping the area free from debris and litter, and immediate removal of any graffiti.
c.
A disclosure of what is proposed, demonstrating the need for the wireless telecommunications system in the proposed location. This is not required for co-location or stealth design antennas.
d.
The reason or purpose for the placement, construction, or modification in the proposed location with specific reference to the provider's coverage, capacity, and/or quality needs, goals, and objectives. This is not required if the proposal is does not involve the erection of a new tower.
e.
The service area of the proposed wireless telecommunications system.
f.
If the proposal is for a new telecommunications tower, then a map showing co-location opportunities within the City and within areas surrounding the borders of the City must be provided and justification for why co-location is not feasible in order to demonstrate the need for a new tower.
g.
If the proposal is for a new telecommunications tower, certification by a licensed and registered professional engineer regarding the manner in which the proposed structure will fail. The certification may be utilized, along with other criteria such as applicable regulations for the district in question, in determining if additional setback should be required for the structure and other facilities.
2.
Setbacks.
a.
All wireless telecommunications towers must be set back from any existing principal building on the lot and adjacent lots, measured at the nearest external wall or walls, and within the buildable area of any adjacent undeveloped lot, as defined by current setback requirements no less than the tower height. The setback distance is measured from the nearest point on the outside edge of a tower to the nearest point on the foundation of the building.
b.
All wireless telecommunications facilities must be set back from all property lines in accordance with the minimum setback requirements in the zoning district.
3.
Height. The maximum height of a wireless telecommunications tower is the minimum needed to function satisfactorily. The application for approval of a wireless telecommunications tower must demonstrate the minimum height needed for the tower to function, which will be reviewed and approved as part of site plan review. The City has the ability to hire an independent consultant to assist in review of the proposed height, whose fee will be charged to the applicant. Where a wireless telecommunications tower exceeds the maximum height permitted in the district, the City may require additional setbacks from all lot lines.
4.
Lighting and marking. Wireless telecommunications systems must not be lit or marked unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).
5.
Specific standards for wireless telecommunications antennas. Wireless telecommunications antennas are a special use in all districts, unless they are stealth design in which case they are a permitted use. Stealth design for wireless antennas is encouraged and is considered a permitted use in all districts, subject to site plan review and approval. All applications for wireless telecommunications antennas must include all information required by this section. In addition to the standards of this section for wireless telecommunications antennas, stealth design must comply with the following regulations:
a.
To qualify as a stealth design, wireless telecommunications antennas must be enclosed, camouflaged, screened, obscured, or otherwise not readily apparent to a casual observer.
b.
Wireless telecommunication antennas must be mounted at least 30 feet above grade, as measured from grade to the base of the antenna, to qualify as stealth design, in addition to meeting the other requirements of this section. Wireless telecommunication antennas mounted lower than 30 feet are considered a special use.
c.
Antennas must be located on or in structures already permitted within zoning districts, such as water towers, clock towers, streetlights, penthouses, parapet walls (must be behind the parapet wall), and steeples, and must be designed to blend in with the structure.
d.
Antennas that co-locate on existing wireless telecommunications towers are also considered stealth design. However, such antennas cannot increase the overall height of the existing wireless telecommunications tower.
e.
No antenna may increase the overall height of any structure on which it is mounted by more than 12 feet.
6.
Specific standards for wireless telecommunications facilities.
a.
Any buildings, cabinets, or shelters may house only equipment and supplies for operation of the wireless telecommunication tower. Any equipment not used in direct support of such operation must not be stored on the site.
b.
Commercial advertising is prohibited. Only signage that is part of the equipment as manufactured or warning signage is permitted.
7.
Specific standards for wireless telecommunications towers.
a.
The use of guyed towers is prohibited. Towers must be monopoles, meaning self-supporting with no wires, cables, or beams.
b.
Wireless telecommunications towers must be designed to accommodate other telecommunications providers. The area surrounding a tower must be of a sufficient size to accommodate accompanying wireless telecommunications facilities for other telecommunications providers.
c.
Unless otherwise required by the Federal Communications Commission, the Federal Aviation Administration or the City, towers must have a galvanized silver or gray finish.
8.
Specific standards for distributed antenna systems (DAS). If a distributed antenna systems (DAS) is installed and entirely enclosed within a principal building, the requirements of this Ordinance do not apply. These standards only apply to distributed antenna systems (DAS) installed on private property.
a.
All equipment related to a distributed antenna system must be mounted/co-located on existing poles or other existing structures unless it can be shown that an alternate location will be less obtrusive and/or more beneficial to the public. The design of any new pole requested requires special use approval.
b.
An applicant seeking installation of a distributed antenna system must demonstrate that it has made efforts to blend or camouflage the system with existing facilities and surroundings or has otherwise screened or concealed the system from view. Approved blending methods include, but are not limited to, location of equipment other than antennas within a tree canopy or other inconspicuous location, use of green, brown or other colored equipment (if commercially available to the applicant) designed to mimic the colors and/or materials of the tree canopy, co-location structure or other nearby structures, as well as use of textures and shapes as appropriate, all with the intent of minimizing the visual impact of the system. Unnatural colors and exposed cables are prohibited.
c.
All pole-mounted distributed antenna systems must be installed at a minimum height of nine feet above the ground. Equipment may be housed in a cabinet at ground level only with the approval of the City as to location and with appropriate screening.
d.
Distributed antenna systems may not extend more than seven feet above the height of the existing pole or other structure on which it is installed.
e.
Where distributed antenna systems are placed in residential districts, every effort must be made to avoid placement at right-of-way locations directly in front of a residence. If placement directly in front of a residence is absolutely necessary for technological reasons, the City has the right to require screening or impose other design mitigation requirements.
f.
The City may request that a particular node or nodes be placed in an alternative location to that proposed by the applicant. Where a request for an alternative location is unable to be accommodated by an applicant, the applicant must supply an explanation in writing as to why the suggested alternative location will materially compromise the functioning of the system or is otherwise impractical.
9.
Abandonment. Any wireless telecommunications system that is not operated for a period of 180 consecutive days is considered abandoned. The owner must immediately remove the tower or facility, and all aboveground equipment and related debris. The City may ensure and enforce removal by means of its existing regulatory authority.
10.
Nonconformities.
a.
Ordinary maintenance, including replacement/upgrading, of antenna equipment may be performed on nonconforming antennas or towers. However, if the proposed alteration intensifies a nonconforming characteristic of the antenna or tower, a variance is required.
b.
Co-location of an antenna on an existing nonconforming tower is a permitted use, provided that the addition of the antenna and any additional wireless telecommunications facilities do not increase the overall height of the nonconforming tower.
17.08.040 Temporary use standards.
[Amended 11-23-2021 by Ord. No. 2021-445]
Temporary uses are required to comply with the standards of this section, in addition to all other regulations and licensing requirements of the Municipal Code. These regulations are for temporary uses located on private property. A temporary use may require a permit if the requirement is specifically cited in the standards. Temporary uses do not require additional parking unless specifically cited in the temporary use standards or stipulated as a condition of approval. Tents associated with temporary uses that are less than 200 square feet in area are exempt from permits.
A.
Farmers' Market. A retail license is required per Chapter 5.17 (Retail Sales and Transient Merchants) of the Municipal Code.
B.
Real Estate Project Sales Office/Model Unit.
1.
A real estate sales office/model unit(s) is allowed for a residential development. Multiple model units are allowed in a multi-family building or a residential subdivision of 20 or more units.
2.
No real estate sales office/model unit(s) may be located in a manufactured home or off-site.
3.
The real estate sales office must be removed and/or closed within 30 days after the sale or rental of the last unit of the development. The model unit(s) must be closed within 30 days after the sale or rental of the last unit of the development.
4.
All activities conducted within real estate sales office/model unit(s) must be directly related to the construction and sale of properties within the particular development. Use as a general office of operation of any firm is prohibited.
C.
Temporary Cell on Wheels (COW).
1.
A temporary cell on wheels (COW) may be placed in any zoning district for a maximum of 90 days following a declaration of emergency by the City or state. This time limitation may be extended by the City Council.
2.
A temporary cell on wheels (COW) may be placed in any zoning district for the duration of a community event, such as a street festival or outdoor concert, or 21 days, whichever is greater.
D.
Temporary Contractor's Office and Contractor's Yard.
1.
A temporary contractor's office is allowed incidental to a construction project.
2.
The temporary contractor's office must be removed within 30 days of completion of the construction project.
3.
A contractor's yard is permitted on or adjacent to any construction demolition and can only be used during the life of the construction project.
E.
Temporary Outdoor Entertainment. A special event permit from the City is required for temporary outdoor entertainment.
F.
Temporary Outdoor Sales (No Fireworks Stand). A special event permit from the City is required for temporary outdoor sales.
G.
Temporary Outdoor Sales - Fireworks Stand Only.
1.
All fireworks stands are subject to the regulations on sale and storage by the Iowa Department of Transportation Hazard Classes 1.3g and 1.4g fireworks, excluding any novelty or sparklers as defined by the American Pyrotechnics Association.
2.
All fireworks stands must be a minimum of 500 feet from any residential district.
H.
Temporary Outdoor Storage Container.
1.
Temporary storage containers are permitted in any zoning district when used for loading or unloading. Containers are permitted on site for a period not to exceed 30 days.
2.
Temporary storage containers may not be used for permanent storage. They may not serve as a substitute for permanent storage needs on the site on which they are located. Containers may not be permanently attached to the ground, serviced with permanent utilities, or stacked on the site.
3.
Temporary storage containers for residential uses must be placed on a paved surface. Containers cannot block the right-of-way, including sidewalks.
4.
Temporary storage containers cannot be placed in the public right-of-way or placed on a lot to block ingress/egress or impede right-of-way traffic.
17.08.050 Use definitions.
[Amendments noted where applicable]
All uses within Table 17.08-1 are defined in this section. Certain uses are defined to be inclusive of many uses. When a use meets a specific definition, it is regulated as such and is not regulated as part of a more-inclusive use category.
An adult store, adult cabaret, adult theater, nude model studio, sexual encounter center, adult motel, or escort agency. The following additional definitions apply to adult use:
ADULT BOOTHAny area of an adult use that is set off from the remainder of the establishment by one or more walls, partitions, or other dividers and is used to show, exhibit, play, display, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of any specified anatomical areas or the performance or simulation of any specified sexual activities.
ADULT CABARETAny establishment that as a substantial or significant portion of its business provides any of the following:
Persons who appear nude.
Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of a specified anatomical area or the performance or simulation of a specified sexual activity.
Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations, recordings, imagery, illustration, or depiction of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of any specified anatomical area or the performance or simulation of any specified sexual activity.
ADULT MATERIALAny of the following, whether new or used:
Books, magazines, periodicals, or other printed matter or digitally stored materials, films, motion pictures, video cassettes, audio cassettes, slides, computer displays or other visual or audio representations or recordings of any kind, DVD, CD-ROM, or similar item that is distinguished or characterized by an emphasis on the exposure, depiction, description, imagery or visual representation of any specified anatomical area or the performance or simulation of any specified sexual activity.
Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities or that depict, describe or portray specified anatomical areas; except this does not include those items used for birth control or for the prevention of sexually transmitted diseases.
ADULT MOTELAny motel, hotel or similar business that either: 1) offers accommodations to the public for any form of consideration, and provides patrons with closed-circuit television transmission, telephones, motion pictures, video cassettes, slides, or other material that is characterized by the depiction or description of any specified anatomical area or any specified sexual activity, and has a sign that is visible from the public right-of-way that advertises the availability of adult materials; 2) offers a room or suite for consideration for a period of time that is less than 10 hours; or 3) allows a tenant, occupant or patron of a room or suite to sublet the room or suite for a period of time that is less than 10 hours.
ADULT STOREAny establishment that either: 1) contains one or more adult booths; and/or 2) as a substantial or significant portion of its business offers for sale, rental, exchange, or viewing any adult materials. Adult stores do not include establishments that offer for sale, rental, exchange, or viewing any adult materials as a sideline or adjunct to sales, rentals, exchanges or viewings of materials other than adult materials.
ADULT THEATERAny establishment that as a substantial or significant portion of its business features or provides films, motion pictures, video or audio cassettes, slides, or other visual representations, recordings, imagery, illustration, or depictment of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of any specified anatomical area or the performance or simulation of any specified sexual activity.
ESCORTA person who, for pecuniary consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease dance or otherwise perform or appear before another person while nude in or about any place of public or private resort or any private quarter or business premises.
ESCORT AGENCYAny person or business entity furnishing or offering to furnish, or advertising to furnish escorts as one of its business purposes, for a fee, tip or any other form of consideration.
NUDE MODEL STUDIOAny place where a person who appears nude is provided for the purpose of being sketched, drawn, painted, sculptured, photographed, or similarly depicted by any other person who has paid money or any other form of consideration, barter, or exchange, or for whose benefit someone else has paid money or any other form of consideration, barter or exchange, for the purpose of being allowed to observe the person appearing nude being sketched, drawn, painted, sculptured, photographed, or similarly depicted. Nude model studio does not include public or private colleges or universities licensed by the State of Iowa that offer art, modeling, or anatomical drawing classes.
NUDE OR STATE OF NUDITYA state of dress or undress that exposes to view less than completely and opaquely covered human genitals, pubic region, anus, or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed, or human male genitals in a discernibly turgid state even if completely and opaquely covered, or any device that when worn, simulates human male genitals in a discernibly turgid state.
SEXUAL ENCOUNTER CENTERAny establishment that, for consideration, offers either: 1) physical contact in the form of wrestling or tumbling between persons of the opposite sex; 2) activities between two or more persons regardless of gender when one or more of the persons is in a nude condition; 3) where two or more persons may congregate, associate or consort in connection with specified sexual activities or specified anatomical areas; or 4) where two persons may congregate, associate, or consort, in a private room, suite, or similar enclosure, with one of the two persons modeling lingerie, dancing in a sexually suggestive manner, or some similar activity for the pleasure or entertainment of the other. Sexual encounter center does not include a gymnastic, acrobatic, athletic, or similar demonstration or show that has been issued and holds a valid public amusement license under Chapter 5.12 of the City Code.
SPECIFIED ANATOMICAL AREAAny of the following:
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the top of the areola but not including any portion of the cleavage exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed.
Human male genitals in a discernibly turgid state, even if completely and opaquely covered or any device or covering that when worn, simulates human male genitals in a discernibly turgid state.
SPECIFIED SEXUAL ACTIVITYAny of the following:
The fondling or touching of one person's human genitals, pubic region, buttocks, anus, or female breasts by another person.
Sex acts, normal or perverted, actual or simulated, including without limitation, cunnilingus, fellatio, anilingus, bestiality, intercourse, oral copulation or sodomy.
Masturbation, actual or simulated.
Excretory or urinary functions as part of or in connection with any of the activities set forth in this definition.
SUBSTANTIAL OR SIGNIFICANT PORTION OF ITS BUSINESS10% or more of the establishment's income is derived from the sale, rental, exchange, or viewing of any adult material, or 10% or more of the establishment's stock in trade or floor space is utilized for the display of any adult material, or that one or more persons appearing, performing, or working in a state of nudity constitutes a fundamental or essential part of or attraction of the business. Regardless of the foregoing, any business establishment that advertises or holds itself out as "XXX", "adult", or "sex" in conjunction with adult material and/or nude appearances or performances is deemed to meet the substantial or significant portion of its business standard.
ADULT AMUSEMENT ARCADEAn establishment having as one of its principal uses one or more of the following: customer-operated motion picture devices, peep shows, viewing areas, or similar devices either coin, token, or slug operated, or which in consideration of an entrance fee, displays materials distinguished or characterized by an emphasis on depictions of specified sexual acts or specified anatomical areas.
Land and associated structures used to grow crops and/or raise livestock for sale, personal food production, donation, and/or educational purposes. An agriculture use includes any associated single-family dwellings and any accessory dwellings that are ancillary to the principal activity of agriculture.
A facility for adults or minors that is required by the courts as an alternative to incarceration, also referred to community correctional centers.
A facility for spectator and participatory uses conducted within an enclosed building, such as movie theaters, sports arenas, bowling alleys, tumbling centers, skating centers, roller rinks, escape room/physical adventure game facilities, and pool halls. Indoor amusement facilities do not include live performance venues. An indoor amusement facility may include uses such as, but not limited to, concession stands, restaurants, and retail sales as ancillary uses. Indoor amusement facility does not include a private recreational facility.
A facility for spectator and participatory uses conducted outdoors or within partially enclosed structures, such as outdoor stadiums, batting cages, and miniature golf courses. An outdoor amusement facility may include uses such as, but not limited to, concession stands, restaurants, and retail sales as ancillary uses. Outdoor amusement facility does not include a fairground.
An establishment where dogs over six months of age are bred, raised, and trained for commercial gain. Animal breeder does not include animal care facilities or shelter and training facilities for canine or equine units of public safety agencies.
An establishment that provides care for large animals, such as horses and cattle, including veterinary offices for the treatment of animals, where animals may be boarded during their convalescence. Animal care facilities do not include animal breeders.
An establishment which provides care for domestic animals, including veterinary offices for the treatment of animals, where animals may be boarded during their convalescence, pet grooming facilities, animal training centers and clubs, and pet boarding facilities, where animals are boarded during the day and/or for short-term stays. Animal care facilities do not include animal breeders.
An establishment that sells, loans and/or displays paintings, sculpture, photographs, video art, or other works of art. Art gallery does not include a cultural facility, such as a library or museum, which may also display paintings, sculpture, photographs, video art, or other works.
An establishment where an art or activity is taught, studied, or practiced such as dance, martial arts, photography, music, painting, gymnastics, pilates, or yoga. An arts studio also includes private exercise studios for private sessions with trainers and/or private classes; health clubs are not an arts and fitness studio, but rather a personal service establishment. Arts and fitness studio do not include a private recreational facility.
An establishment where the primary purpose is the sale of alcoholic beverages for consumption on the premises. Snack foods or other prepared food may be available for consumption on the premises as an ancillary use.
A bar that is eligible for reestablishment.
[Added 6-9-2021 by Ord. No. 2021-218]
A single-family dwelling where a resident/owner provides lodging for a daily fee in guest rooms with no in-room cooking facilities, and prepares meals for guests. A bed-and-breakfast may include dining facilities.
A permanent sign directing attention to a specific business, product, service, entertainment event, activity, or other commercial activity that is not sold, produced, manufactured, furnished, or conducted at the property upon which the sign is located. Static billboards display a fixed advertisement face, where the face is not changeable within seconds or minutes, but where a change of face have to be re-erected and affixed to the structure. Electronic billboards are digital displays that can be changed within seconds or minutes by a remote or automatic means.
[Added 6-12-2024 by Ord. No. 2024-233]
An establishment that offers tattooing services, body piercing, and/or non-medical body modification. Body modification establishment does not include an establishment that offers only ear piercing as an ancillary service.
A facility engaged in broadcasting and information relay services for radio and television signals, including studio facilities. A broadcasting facility may or may not include antennas to broadcast the signal.
Land used for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes, or similar movable or temporary sleeping quarters.
An establishment for the washing and cleaning of vehicles or other light duty equipment, whether automatic, by hand, or self-service. The car wash facility may be within an enclosed structure, an open bay structure, or similar configurations.
Casino, or gambling structure is as defined by Iowa state law. A casino includes accessory facilities such as, but not limited to, convention halls, exhibition halls, and meeting facilities.
Land and structures reserved for the interring of human remains or the interring of animal remains. Cemeteries may include structures for performing religious ceremonies related to the entombment of the deceased, mortuaries, including the sales of items related to the internment of remains, and related accessory structures, such as sheds for the storage of maintenance equipment. Cemeteries may also include crematoriums and embalming facilities.
A licensed institutional residential facility that provides housing for and care to minors who are wards of the state, whose parents or guardians are deceased or otherwise unable or unwilling to care for them. This includes institutions that are located in one or more buildings on contiguous property with one administrative body.
A facility used as a place of meeting, recreation, or social activity, that is open to the public and is not operated for profit, and offers a variety of educational and community service activities. A community center may serve as a local "food hub" where regionally grown food, including value added food, can be grown and/or brought for distribution and sale.
The cultivation of fruits, flowers, vegetables, or ornamental plants by one or more persons, households, or organizations. Community gardens do not include the raising of any livestock or the use of heavy machinery.
Designated open space that preserves and protects natural features, wildlife, and critical environmental features, as well as undeveloped sites of historical or cultural significance. A conservation area may include opportunities for passive recreation, such as hiking trails and lookout structures, and environmental education.
An establishment open to members, their families, and invited guests organized and operated for social and recreation purposes and which has indoor and/or outdoor recreation facilities, restaurants and bars, meeting rooms, and/or similar uses.
A facility open to the public that provides access to cultural exhibits and activities including, but not limited to, museums, cultural or historical centers, non-commercial galleries, historical societies, and libraries. A cultural facility may include uses such as, but not limited to, retail sales of related items and restaurants as ancillary uses.
A licensed facility where, for a portion of a day, care and supervision is provided for children or elderly and/or functionally-impaired adults in a protective setting that are not related to the owner or operator. Day care centers within a residential dwelling are prohibited.
A residential dwelling where licensed care and supervision is provided by a permanent occupant of the dwelling for children or elderly and/or functionally-impaired adults in a protective setting that are not related to the owner or operator of the facility for a portion of a day. A child day care home does not include a dwelling that receives children from a single household.
A licensed facility that provides temporary shelter, protection, and support for those escaping domestic violence and intimate partner violence, including victims of human trafficking. A domestic violence shelter also accommodates the minor children of such individuals. The facility may also offer a variety services to help individuals and their children including counseling and legal guidance. Domestic violence shelters may distinguish populations served by age and/or gender.
That portion of a business where business is transacted directly with customers via a service window that allows customers to remain in their vehicle. A drive through facility must be approved separately as a principal use when in conjunction with another principal uses such as restaurants and financial institutions. A standalone ATM is considered a drive-through facility for the purposes of this definition.
A licensed facility authorized by the state to administer drugs, such as methadone, in the treatment, maintenance, or detoxification of persons.
A licensed care facility that provides twenty-four-hour medical and/or non-medical/therapeutic care of persons seeking rehabilitation from a drug and/or alcohol addiction. Such facilities include medical detoxification. This includes institutions that are located in one or more buildings on contiguous property with one administrative body.
An additional dwelling unit associated with and incidental to a principal single-family dwelling on the same lot. An accessory dwelling unit must include separate cooking and sanitary facilities, with its own legal means of ingress and egress, and is a complete, separate dwelling unit. The accessory dwelling unit may be within or attached to the principal dwelling unit structure or within a detached accessory structure, such as a garage, and designed so that the appearance of the principal structure and the lot remains that of a single-family dwelling.
A manufactured home dwelling is a prefabricated structure that is regulated by the U.S. Department of Housing and Urban Development (HUD), via the Federal National Manufactured Housing Construction and Safety Standards Act of 1974, rather than local building codes. A manufactured home is built in a factory on an attached chassis before being transported to a site. Manufactured homes include those transportable factory built housing units built prior to the Federal National Manufactured Housing and Safety Standards Act (HUD Code), also known as mobile homes. Modular homes are not considered manufactured homes, and refer to a method of construction. When a manufactured home meets all the requirements for a single-family dwelling, including the definition of a dwelling unit, and is located and installed to the same standards as a single-family dwelling, such manufactured home is considered a single-family dwelling, subject to any additional requirements or specific exceptions of Iowa State Code Section 414.28.
A structure containing three or more attached dwelling units used for residential occupancy. A multifamily dwelling does not include a three-family or townhouse dwelling. In cases where dwelling units are located above the ground floor of a commercial building, one or more dwelling units for residential occupancy shall be permissible.
[Amended 6-10-2020 by Ord. No. 2020-233]
A Structure containing only one dwelling unit on a single lot. When a manufactured home meets all the requirements for a single-family dwelling, including the definition of a dwelling unit, and is located and installed to the same standards as a single-family dwelling, such manufactured home is considered a single-family dwelling, subject to any additional requirements or specific exceptions of Iowa State Code Section 414.28.
A structure containing two dwelling units on a single lot attached by a party wall, which is located on an interior side lot line, with each dwelling unit located on a separate lot of record.
A structure consisting of three or more dwelling units, the interior of which is configured in a manner such that the dwelling units are separated by a party wall. A townhouse is typically designed so that each unit has a separate exterior entrance and yard areas. A townhouse dwelling does hot include a multi-family dwelling.
A structure containing two dwelling units on a single lot.
A public, private, or parochial facility that offers instruction at the elementary, junior high, and/or high school levels.
A facility for post-secondary higher learning that grants associate or bachelor degrees. The institution may also have research facilities and/or professional schools that grant master and doctoral degrees. Educational facilities - university or college include ancillary uses such as dormitories, cafeterias, restaurants, retail sales, indoor or outdoor recreational facilities, and similar uses.
A facility that offers instruction in industrial, clerical, computer, managerial, automotive, repair (electrical, plumbing, carpentry, etc.), or commercial skills, or a business conducted as a commercial enterprise, such as a school for general educational development or driving school. Educational facility - vocational also applies to privately operated schools that do not offer a complete educational curriculum.
Land used for, but not limited to, county fairs, exhibitions, shows, and large-scale sale/auction events that includes agriculture-related office buildings, animal shows and judging, carnivals, circuses, community meeting or recreational buildings and uses, concerts, food booths and stands, games, rides, sales and auctions, and ancillary storage. Fairground does not include racetracks or motorized contests of speed.
Temporary use of structures and/or land for the sale of a variety of fresh fruits, flowers, vegetables, or ornamental plants, and other locally produced farm and food products, including value-added products, directly to consumers from farmers or vendors that have taken such items on consignment for retail sale.
A bank, savings and loan, credit union, or mortgage office.
An alternative financial service (AFS) is a financial service provided outside a traditional banking institution. AFS includes payday loans, tax refund anticipation loans, car title loans, check cashing establishments, and currency exchanges.
A non-profit organization that collects and distributes food to hunger relief organizations. Food is not distributed to those in need from a food bank.
Food pantries receive, buy, store, and distribute food. Food pantries may also prepare meals to be served at no cost to those who receive them. A food pantry may be an ancillary use of a place of worship, social service center, and/or homeless shelter.
An establishment where the dead are prepared for burial display and for rituals before burial or cremation, including chapels for the display of the deceased and the conducting of rituals before burial or cremation, and crematoriums.
An establishment where fuel for vehicles is stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. A gas station may also include ancillary retail uses, ancillary car wash bays, and solar and/or electric charging stations.
A tract of land design with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restrooms, snack-bar, and pro-shop as ancillary uses. A driving range may be designed as a standalone facility or included as part of a golf course, which is defined as a tract of land equipped with distance markers, clubs, balls, and tees for practicing the hitting of golf balls. A country club may include a golf course and/or driving range, in which case the uses together are considered a country club.
Offices owned, operated, or occupied by a governmental agency to provide a governmental service to the public, such as City offices and post offices. Government offices do not include public safety or public works facilities.
An establishment where flowers, shrubbery, vegetables, trees, and other horticultural and floricultural products are propagated and sold, and may include gardening and landscape supplies and products, such as hardware, garden tools and utensils, paving stones and bricks, and other related items for sale. If all such activities are indoors with no outdoor component (growing, displays, storage, sales), then such use is considered a retail goods establishment.
A group care facility in a residential dwelling for: 1) care of persons in need of personal services or assistance essential for activities of daily living; or 2) care of persons in transition or in need of supervision. Group homes include facilities for drug and alcohol rehabilitation, excluding medical detoxification services. Group home does not include facilities for adults or minors that function as a court ordered alternative to incarceration. Group home does not include group living facilities for persons who have been institutionalized for criminal conduct (see halfway house).
A licensed residential facility for persons who have been institutionalized for criminal conduct and who require a group setting to facilitate the transition to society, which may or may not be court-ordered.
Facilities for primary health services and medical or surgical care to people, primarily in-patient, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, dormitories, or educational facilities, and ancillary uses such as, but not limited to, cafeterias, restaurants, retail sales, and similar uses.
Rental, and/or service establishments of a heavier and larger-scale commercial character typically requiring permanent outdoor service and storage areas and/or partially enclosed structures. Examples of heavy rental and service establishments include truck rental establishments, amusement equipment rental, and sales, rental, and repair of heavy equipment.
Retail centers of a heavier and larger-scale commercial character typically requiring permanent outdoor storage areas and/or partially enclosed structures. Examples of heavy retail establishments include large-scale home improvement centers with outdoor storage and display, lumberyards, recreational vehicle dealerships, and sales of heavy equipment. Wholesale establishments that sell to the general public, including those establishments where membership is required, are considered heavy retail establishments. Equipment rental is permitted if conducted solely inside the principal structure.
A licensed facility that provides temporary shelter to the homeless in general. Homeless shelters may distinguish populations served by age and/or gender.
A commercial facility that provides sleeping accommodations for a fee and customary lodging services. Related ancillary uses include, but are not be limited to, meeting facilities, restaurants, bars, and recreational facilities for the use of guests.
The manufacture, fabrication, processing, reduction, and/or destruction of any article, substance, or commodity, or any other treatment thereof in such a manner as to change the form, character, and/or appearance, and incidental storage, sales, and distribution of such products. General industrial uses may produce noise, vibrations, illumination, or particulate that is perceptible to adjacent land users. These industrial uses typically have ancillary outdoor storage areas.
Research and development activities, and the manufacture, fabrication, processing, reduction, and/or destruction of any article, substance, or commodity, or any other treatment thereof in such a manner as to change the form, character, and/or appearance, where such activities are conducted wholly within an enclosed building. A light industrial use may also include a showroom, ancillary sales of products related to the items manufactured or stored on-site, and/or ancillary outdoor storage.
An establishment where the design, marketing, and/or brand development of various products are researched and developed typically integrating the fields of art, business, science, and/or engineering. An industrial design establishment may create prototypes and products, but may not mass manufacture products from the premises.
A facility for the presentation of live entertainment, including musical acts, including disc jockeys (DJs), theatrical plays, stand-up comedy, and similar performances. Performances are scheduled in advance and tickets are required for admission and available for purchase in advance, though tickets may be purchased at the venue's box office on the day of the performance. A live performance venue is only open to the public when a live performance is scheduled. A live performance venue may include classroom space utilized during hours it is not open to the public for a performance. A live performance venue may include concession stands, including sale of alcohol, but only when it is open to the public for a performance. A live performance venue does not include any adult use.
A facility operated by an organization or association for a common purpose, such as, but not limited to, a meeting hall for a fraternal or social organization or a union hall, but not including clubs organized primarily for profit or to render a service which is customarily carried on as a business. The service and/or sale of food and drinks, including alcoholic beverages, is permitted as an ancillary use to activities sponsored by the organization.
[Amended 9-11-2019 by Ord. No. 2019-363]
A parcel of land with single control or unified ownership that has been planned and improved for the placement of manufactured homes for residential use.
A facility operated by one or more physicians, dentists, chiropractors, psychiatrists, physiotherapists, or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis. Medical/dental offices also include alternative medicine clinics, such as acupuncture and holistic therapies, and physical therapy offices for physical rehabilitation.
A facility for the production and packaging of malt beverages of alcoholic content for wholesale distribution, with a capacity of less than 15,000 barrels per year and may include a tasting room for consumption on-premises. A tasting room allows customers to taste/consume products manufactured on site and purchase beverages manufactured on site and related items. Brewery facilities that exceed this capacity are considered light or general industrial uses.
A facility for the production and packaging of alcoholic spirits in quantities not to exceed 12,000 gallons per year and may include a tasting room for consumption on-premises. A tasting room allows customers to taste/consume products manufactured on site and purchase beverages manufactured on site and related items. Distillery facilities that exceed this capacity are considered light or general industrial uses.
A facility for the production and packaging of any alcoholic beverages obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits, in quantities not to exceed 25,000 gallons per year and may include a tasting room for consumption on-premises. A tasting room allows customers to taste/consume products manufactured on site and purchase beverages manufactured on site and related items. Wineries that exceed this capacity are considered light or general industrial uses.
A motor vehicle, or a food trailer towed by another vehicle, designed and equipped to sell food and/or beverages directly to consumers. It does not include wholesale food distributors. The vendor physically reports to and operates from an off-site kitchen for servicing, restocking, and maintenance each operating day.
A commercial use within a residential neighborhood that is nonresidential in its original construction and/or use.
An establishment that engages in the processing, manipulation, or application of business information or professional expertise. Such an office may or may not offer services to the public. An office is not materially involved in fabricating, assembling, or warehousing of physical products for the retail or wholesale market, nor engaged in the repair of products or retail services. An office does not include financial institution, government office/facility, or industrial design.
A seating area that is located outdoors and contiguous to a restaurant or bar, typically in addition to an indoor seating area. Outdoor dining is approved separately as a principal use. Outdoor dining areas may be roofed or covered with an awning.
An open, hard-surfaced area, excluding a street or public way, used for the storage of operable vehicles, whether for compensation or at no charge.
A structure used for the parking or storage of operable vehicles, whether for compensation or at no charge.
An establishment that provides frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty shops, barbershops, tanning salons, electronics repair shops, nail salons, laundromats, health clubs, dry cleaners, and tailors. Personal service establishment does not include a private recreational facility.
A facility where persons regularly assemble for religious purposes and related social events, and may include group housing for persons under religious vows or orders. Places of worship may also include ancillary uses such as day-care facilities, meeting rooms, auditoriums, and/or classrooms for weekly religious instruction. The service and/or sale of food and drinks, including alcoholic beverages, is permitted as an ancillary use to activities sponsored by the organization.
[Amended 9-11-2019 by Ord. No. 2019-363]
Recreational center for the exclusive use of members and their guests with facilities usually including, but not limited to, basketball courts, swimming pools, exercise equipment, and/or tennis courts.
A facility that serves the recreational needs of residents and visitors. Public park includes, but is not limited to, playgrounds, ballfields, athletic fields, basketball courts, tennis courts, dog parks, skateboard parks, passive recreation areas, and gymnasiums. Public parks may also include non-commercial indoor recreation facilities, and zoos and amphitheaters, as well as ancillary uses such as, but not limited to, restaurant and retail establishments, and temporary outdoor uses such as festivals and performances. Public park also includes marinas.
A facility operated by and for the use of public safety agencies, such as the Fire Department and the Police Department, including the dispatch, storage, and maintenance of police and fire vehicles. Public safety facilities include shelter and training facilities.
[Amended 9-11-2019 by Ord. No. 2019-363]
A facility operated by the municipal public works departments to provide municipal services, including dispatch, storage, and maintenance of municipal vehicles.
A residential unit or other structure within a development that is temporarily used for display purposes as an example of dwelling units available for sale or rental in a residential development and/or sales or rental offices for dwellings within the development.
A facility that provides hosting and rental services of a banquet hall or similar facilities for private events including, but not limited to, wedding receptions, holiday parties, and fund-raisers, with food and beverages that are prepared and served on-site or by a caterer to invited guests during intermittent dates and hours of operation. Live entertainment may be provided as an ancillary use as part of an event. A reception facility is not operated as a restaurant with regular hours of operation.
Land used for the accommodation of two or more recreational vehicles for transient dwelling purposes.
A facility where research and development is conducted in industries that include, but are not limited to, biotechnology, pharmaceuticals, medical instrumentation or supplies, communication, and information technology, electronics and instrumentation, and computer hardware and software. A research and development establishment may create prototypes of products, but may not manufacture products for direct sale and distribution from the premises.
A licensed care facility that provides twenty-four-hour medical and/or non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living, or for the protection of the individual. A residential care facility includes nursing care, assisted living, hospice care, and continuum of care facilities. Continuum of care facilities may also include independent living facilities as part of the continuum. Residential care facility does not include a residential drug/alcohol treatment facility. This includes institutions that are located in one or more buildings on contiguous property with one administrative body.
An establishment where food and drinks, including alcoholic beverages, are provided to the public for on-premises consumption by seated patrons and/or for carry-out service.
[Amended 9-11-2019 by Ord. No. 2019-363]
A retail establishment that sells beer, wine, and liquor.
[Amended 6-9-2021 by Ord. No. 2021-218]
An establishment that provides physical goods, products, or merchandise directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. Retail goods establishment do not include specialty food service.
The sale of fireworks, which is the sale and storage of Iowa Department of Transportation Hazard Classes 1.3g and 1.4g fireworks, excluding any and all sparklers. The retail sales of fireworks includes both principal use of the property for such sales as well as temporary stands and accessory uses.
An establishment where damaged or junk vehicles or other machinery is broken up and the parts saved and processed for resale. A salvage yard also includes the storage of vehicles and trailers, regardless if they are in the process of being dismantled. A salvage yard operation shall be completely screened from adjacent properties and rights-of-way by a solid fence, wall, or berm at least six feet in height, and vehicle or part storage shall only occur upon a paved surface. A salvage yard cannot abut or adjoin a storage yard. A salvage yard use or property cannot be subdivided.
[Amended 6-10-2020 by Ord. No. 2020-233]
A facility for the storage of personal property where individual renters control and access individual storage spaces located within a fully enclosed building that is climate controlled. Ancillary retail sales of related items, such as moving supplies, and facility offices may also be included. Rental of vehicles and other equipment for moving is a separate use from self-storage facility. The heavy retail, rental, and service use must be allowed within the district and requires separate approval.
A facility for the storage of personal property where individual renters control and access individual storage spaces and where each storage unit has individual access from the outdoors. Ancillary retail sales of related items, such as moving supplies, and facility offices may also be included. Rental of vehicles and other equipment for moving is a separate use from self-storage facility. The heavy retail, rental, and service use must be allowed within the district and requires separate approval.
A service establishment that provides assistance for those recovering from chemical or alcohol dependency; survivors of abuse seeking support; those transitioning from homelessness or prior incarceration; and those with health and disability concerns. It does not include in-patient, overnight, or living quarters for recipients of the service or for the staff. Such service does not include medical examinations or procedures, or medical detoxification, dispensing of drugs or medications, or other treatments normally conducted in a medical office.
An energy system operated by a public, private, or cooperative company for the generation, transmission, distribution, storage, or processing of solar energy for the purposes of heating and cooling, electricity generation, and/or water heating.
A business that specializes in the sale of certain food products, such as a delicatessen, bakery, candy maker, meat market, catering business, cheesemonger, coffee roaster, or fishmonger, and may offer areas for ancillary retail sales or restaurants that serve the products processed on-site. Specialty food service also includes preparation, processing, canning, or packaging of food products where all processing is completely enclosed and there are no outside impacts.
The storage of material outdoors as a principal use for more than 24 hours. The storage of vehicles and trailers is not included in this definition (see "salvage yard").
[Amended 6-10-2020 by Ord. No. 2020-233]
Cell on wheels (COW) is a portable, mobile cell site that provides temporary network and wireless coverage to locations where additional cellular coverage is required due to a temporary increase in user volume at such location or states of emergency.
A temporary, portable, or modular structure utilized as a watchman's quarters, construction office, or equipment shed during the construction of a new development. This may include a contractor's yard where materials and equipment are stored in conjunction with a construction project.
A temporary live entertainment event, such as the performance of live music, revue, or play within an outdoor space. Temporary outdoor entertainment event includes fireworks shows ("Display Fireworks" per the American Pyrotechnic Association only), horse shows, carnivals/circuses, temporary worship services, and others.
[Amended 11-23-2021 by Ord. No. 2021-445]
Temporary uses, which may include temporary structures, where goods are sold, such as consignment auctions, arts and crafts fairs, flea markets, yard sales, temporary vehicle sales, and holiday sales, such as firework stands, Christmas tree lots, and pumpkin sales lots. This temporary use category does not include outdoor sales related to a retail goods establishment where such goods are part of the establishment's regular items offered for purchase.
Temporary self-storage containers delivered to a residence or business owner to store belongings, and then picked up and returned to a warehouse until called for.
Facilities that provide for the sale of fuel, provisions, supplies to motorists, including operators of over-the-road trucks, in which 30% or more of the total site area is devoted to the servicing, accommodation, parking, or storage of over-the-road trucks. The calculation of these areas includes but is not limited to fuel islands for diesel fuel, truck washing facilities, truck parking areas, and associated maneuvering areas. Travel centers include a mix of uses, including food sales, general retail services, auto and equipment services, and restaurants, and are typically located along or near interstate highways or other principal state and federal designated highway routes.
[Added 6-10-2020 by Ord. No. 2020-233]
An establishment that sells or leases new or used automobiles, vans, motorcycles, and/or all-terrain vehicles (ATV) vehicles, or other similar motorized transportation vehicles. A motor vehicle dealership may maintain an inventory of the vehicles for sale or lease either on-site or at a nearby location, and may provide on-site facilities for the repair and service of the vehicles sold or leased by the dealership. Vehicle dealerships do not include truck, trailer, boat, or heavy equipment sales, which are considered heavy retail, rental, and service.
A facility for the dispatch, storage, and maintenance of emergency medical care vehicles, taxicabs and similar vehicles for hire, school buses, utility vehicles, and similar vehicles. Vehicle operations facility does not include a public works or public safety facility.
An establishment that rents automobiles and vans, including incidental parking and servicing of rental vehicles. A motor vehicle rental establishment may maintain an inventory of the vehicles for sale or lease either on-site or at a nearby location, and may provide on-site facilities for the repair and service of the vehicles sold or leased by the dealership. Vehicle rental does not include truck rental establishments or rental of heavy equipment, which is considered part of heavy retail, rental, and service.
A business that provides services in major reconditioning of worn or damaged motor vehicles, motorcycles, all-terrain vehicles (ATV), recreational vehicles and trailers, towing and collision service, including body, frame, or fender straightening or repair, painting of motor vehicles, interior (upholstery, dashboard, etc.) reconstruction and/or repairs, and restoration services. A major vehicle repair business may also include minor vehicle repair services.
A business that provides services in minor repairs to motor vehicles, motorcycles, and all-terrain vehicles (ATV) vehicles, including, but not limited to, repair or replacement of cooling, electrical, fuel and exhaust systems, brake adjustments, relining, and repairs, wheel servicing, alignment, and balancing, repair and replacement of shock absorbers, engine rebuilding, and replacement or adjustment of mufflers and tail pipes, hoses, belts, light bulbs, fuses, windshield wipers/wiper blades, grease retainers, wheel bearings, and the like. Any type of vehicle repair services for recreational vehicles is a major vehicle repair business and does not qualify as minor repair under this ordinance regardless of the level of repair service.
An enclosed facility for the storage and distribution of manufactured products, supplies, and/or equipment.
A business where goods are sold to either retailers, or to industrial, commercial, institutional, or other professional business users, or to other wholesalers and related subordinated services.
An energy system operated by a public, private, or cooperative company for the generation, transmission, distribution, or processing of wind energy.
An establishment that offers a selection of wines available by the glass for on-premise consumption. Wine bars are allowed to sell bottles for off-premise consumption of the wines they serve.
Towers, antennas, and facilities used to transmit and receive signals that facilitate wireless telecommunications. The following definitions describe the wireless telecommunications infrastructure described within the general definition for wireless telecommunications:
ANTENNAA specific device, the surface of which is used to transmit and/or receive signals transmitted to or from other antennas. This does not include satellite dish antennae.
FACILITYA structure used to house and protect the equipment necessary for processing telecommunications signals, which may include air conditioning equipment and emergency generators. Facility also includes any necessary equipment that facilitates wireless transmission.
TOWERA structure designed and constructed to support one or more wireless telecommunications antennae and including all appurtenant devices attached to it.
DISTRIBUTED ANTENNA SYSTEMA wireless communications network with multiple spatially separated antenna nodes and related equipment mounted on existing infrastructure, typically power, light, and/or telephone poles, all connected to a common source via fiber optic cable or other transport medium, which provides enhanced coverage within a geographic area.